- Pampa Dey,
32, Canal Road, Kolkata-53. _________ Complainant
____Versus____
- Tata Motors Finance Ltd.
Bombay House, 24, Homi Mody
Street, Mumbai – 400 001.
- The Manager,
Tata Motors Finance Ltd.,
5/1A, Hungerford Street,
Kolkata-17, P.S. Shakespeare Sarani. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 20 Dated 17-10-2014
The case of the complainant in short is that complainant has purchased a Tata Indica DLE car, engine no.475IDI03KSZPF3430, chassis no.600136KSFPF5494 being registration no.WB-19D-3850 on 12.12.07 upon consideration amount of Rs.2,99,550/- from o.p. no.1.
The said car was purchased upon hypothecation by o.ps. being loan account no.5000205253 repayable schedule was fixed for 60 nos. of EMIs of Rs.7050/- out of which 2 nos. installment has received by o.ps. in advance and accordingly, complainant has to pay 58 nos. of installment to o.ps. and the payment of installment will be terminated on 11.10.12.
The photocopy of registration certificate of the car in question and loan sanctioned letter dt.12.12.07 has been annexed by complainant and marked with the letter ‘A’ with the petition of complaint.
Thereafter complainant further stated that he had signed the agreement upon assurance by o.ps. to supply the said copy of the agreement as early as possible. But unfortunately after expiry of 5 years o.p. company failed to supply the copy of the agreement. Complainant further alleged that in the loan sanctioned letter dt.12.12.07 o.ps. initially not mentioned the rate of interest to complainant payable to o.ps.
Complainant admitted in page 4 of the complaint petition that she has failed to pay 5 EMIs in time due to some personal financial problem.
Complainant further stated that o.ps. collected the additional EMI commencing from the month of
April 2010, but suddenly o.p. no.2 has issued a letter dt.24.4.12 and intimated the complainant through their lawyer asking the complainant to pay Rs.16,519/- without any break up upon which the said amount was claimed. The said letter has been annexed by complainant as annex-C vide running page no.42 with the petition of complaint. Upon receiving the said letter complainant intimated that she has been ready to pay upon satisfaction of the clarification of the said amount as has been claimed for.
Complainant also alleged that the loan agreement has been terminated by o.p. without giving any opportunity being heard to the complainant and further asked the complainant to pay an amount of Rs.86,786.69. The photocopy of the said letter has been annexed by complainant with the petition of complaint.
Upon considering the above facts and circumstances, complainant filed this complaint petition before this Forum for redressal of the deficiency which has been made by o.ps. to the complainant and for which he has made the prayer in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v. In short o.p. has denied all the allegations as has been alleged by the complainant in the petition of complaint. it appears from the record that o.ps. had failed to supply some documents as has been asked by complainant. O.ps. however, submitted and argued that the case of the complainant is baseless and has no merit; hence, the same is liable to be dismissed.
Decision with reasons:
Upon considering the submissions of the parties and upon careful scrutiny of the entire materials on record, we are of the view that o.ps. made deficiency of service to the complainant since they have demanded a sum of Rs.16,519/- without any clarification of the same and cancelled the loan account without having heard from the o.ps. It also appears from the record that o.ps. have not filed any reply to the questionnaire filed by complainant, so it is clearly conclude that o.ps. had failed to reply definitely against the questionnaire of complainant.
In view of the findings above and on perusal of the entire materials on record we hold that complainant has proved her case and is entitled to relief as there is deficiency of service on the part of o.ps.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay the complainant a sum of Rs.16,519/- (Rupees sixteen thousand five hundred nineteen) only which has been demanded by o.ps. without any clarification and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
